Senior-most judge of the Gujarat High Court Justice Jayant Manganlal Patel was today given the responsibilities of officiating as the Chief Justice of that High Court.
A Law Ministry statement said here that Justice Patel will perform the duties of the office of Chief Justice of Gujarat High Court with effect from August 13, 2015, consequent upon the retirement of Justice Vijay Manohar Sahai, who was Acting Chief Justice of that High Court.
Government had made similar arrangements in two other high courts recently after the NJAC Act was notified which scrapped the over two-decade-old collegium system where judges appointed judges.
While the collegium system has been done away with by a new law, the National Judicial Appointment Commission is yet to take shape. Therefore, no judge can be elevated as Chief Justice of a high court, transferred to another high court or elevated to the Supreme Court as there is no system in place for the purpose.
To overcome shortage of judges, government had recently sought permission of the apex court to give extension to additional judges in various high courts whose tenure of two years is ending.
Till a new system is in place, the additional judges cannot be elevated as permanent judges in high courts.
The Supreme Court has reserved its judgement on a clutch of petitions challenging the validity of NJAC. The Chief Justice of India has refused to take part in a meeting with the Prime Minister in the selection committee of the panel under the new law, thus leaving the new system in a limbo.
However, according to Law Ministry sources, Article 223 of the Constitution states that when the office of the Chief Justice of a high court is vacant or when any such Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties shall be performed by such one of the other judges of the court as the President may appoint for the purpose.
